The Rights of Passengers in Bus and Coach Transport (Amendment etc.) (EU Exit) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) and paragraph 21 of Schedule 7 to that Act in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(a) and (g)) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to legislation in the field of road traffic and, in particular, amend legislation relating to the rights of passengers in bus and coach transport. Part 2 amends subordinate legislation and Part 3 amends retained direct EU legislation.

The subordinate legislation gave effect to exemptions available to EU Member States under Articles 2(4) (exemption of domestic regular services), 2(5) (exemption of particular regular services operated outside the European Union) and 16(2) (exemption of drivers from training) and to the provisions of Article 12 (designation of terminals) and Chapter VI (enforcement and national enforcement bodies) of Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (“Regulation 181/2011”). Regulation 181/2011 is directly applicable in Member States.

Regulation 2 amends deficiencies in regulations 5 (particular regular services operated outside the European Union) and 8 (designation of national enforcement authorities) of the Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013, which gave effect within Great Britain to the exemption in Article 2(5) (exemption of particular regular services operated outside the European Union) and to Article 28(1) (national enforcement bodies) of Regulation 181/2011. Those Regulations also gave effect to the exemption in Article 2(4) (exemption of domestic regular services).

Regulation 3 amends deficiencies in regulation 2 (compliance and designation of enforcement body) of the Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2014, which gave effect within Northern Ireland to Article 28(1) (national enforcement bodies) of Regulation 181/2011. Those Regulations also gave effect to the exemptions in Articles 2(4) (exemption of domestic regular services) and 16(2) (exemption of drivers from training).

Regulation 4 amends deficiencies in Regulation 181/2011, in particular Chapters I (general provision), III (rights of disabled persons and persons with reduced mobility), V (general rules on information and complaints) and VI (enforcement and national enforcement bodies).

These amendments are of a technical nature and no more than necessary to ensure that the legislation will continue to apply in substantially the same way after exit day.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.